SBIR’s - The Good, The Bad & The How US Federal Government Contracting Webinar Series - 2016 Presented By: Mark Amadeo JUNE 17, 2016

(All Webinars are at 12pm EST & Recorded) 2016 US Federal Government Contracting Webinar Series CALENDAR OF EVENTS: (All Webinars are at 12pm EST & Recorded) JUNE 1 - Maximizing The Value of Your GovCon Business  https://attendee.gotowebinar.com/register/74156936435694851 JUNE 2 - Capture Planning - To Bid Or Not To Bid  https://attendee.gotowebinar.com/register/7051206926535220483  JUNE 3 - Teaming Agreements - The Good, The Bad & The Enforceable  https://attendee.gotowebinar.com/register/7352313683359938307 JUNE 6 - Teaming With Tribally Owned 8(a) Businesses https://attendee.gotowebinar.com/register/4324839202604449539 JUNE 7 - Color Reviews For Successful Proposals  https://attendee.gotowebinar.com/register/3973323136181419267 JUNE 8 - Preparing The FSO for a DSS Audit  https://attendee.gotowebinar.com/register/423786240906737667 JUNE 9 - Life After 8(a) - Best Practices & Case Study  https://attendee.gotowebinar.com/register/6473232146721067779 JUNE 10 - The Politics Of Procurement   https://attendee.gotowebinar.com/register/3924758807094447107  JUNE 13 - Contract Administration - Best Practices  https://attendee.gotowebinar.com/register/2132047978959217667 JUNE 14 - So You Have A Facility Clearance, Now What?  https://attendee.gotowebinar.com/register/9028972158695833091 JUNE 15 - Unsolicited Proposals - Why, What & How. https://attendee.gotowebinar.com/register/4729436391901262849 JUNE 17 - SBIR's - The Good, The Bad & The "How" https://attendee.gotowebinar.com/register/6337198369128857857

2016 US Federal Government Contracting Webinar Series AGENDA

2016 US Federal Government Contracting Webinar Series AGENDA: Introduction – HOST Introduction - GUEST Presentation Conclusions Q & A

2016 US Federal Government Contracting Webinar Series INTRODUCTION Host

2016 US Federal Government Contracting Webinar Series Jennifer Schaus About The Host * Approx 20 Yrs in Gov Contracting * Career: D&B (Govt Division) Federal Sales & GSA Scheds * Frequent Speaker: Chambers, NCMA, AFCEA, etc * Member: WIPG * Education: Towson University – B.A. UC Berkeley - Leadership Accelerator Cornell University - Exec Leadership

Jennifer Schaus & Associates 2016 US Federal Government Contracting Webinar Series Jennifer Schaus Jennifer Schaus & Associates * DC Based Consulting Firm * Over 10 Yrs in Business * Support Services for Gov Cons Proposal Writing / Contract Vehicles (GSA) Sales & Biz Dev Certifications – SBA 8(a); SDVO; etc. Events

2016 US Federal Government Contracting Webinar Series INTRODUCTION Mark A. Amadeo

2016 US Federal Government Contracting Webinar Series Mark A. Amadeo ABOUT OUR SPEAKER Over 20 years of experience as government counsel & law firm counsel Before starting boutique law firm, was a partner at DC law firm LL.M. Georgetown University Law Center; J.D. University of Wisconsin Law School; B.A. Boston College Member of several business, government contracting & technology groups in DC, Maryland & Virginia

2016 US Federal Government Contracting Webinar Series Mark Amadeo Amadeo Law Firm, PLLC Offices in DC, Bethesda & Frederick Litigation background helps avoid pitfalls Focus on Government Contracting & Technology Government Contracts Review/negotiation: FAR/DFARS compliance Pre & Post Award Teaming: JV’s & Subcontracts Technology: IP preservation & commercialization

SBIR’s – The Good, The Bad & The How 2016 US Federal Government Contracting Webinar Series PRESENTATION SBIR’s – The Good, The Bad & The How

2016 US Federal Government Contracting Webinar Series SBIR & STTR Awards Awards Obligations 2011 6218 $2.4B 6170 $2.5B 5310 $2.3B 5511 $2.4B

2016 US Federal Government Contracting Webinar Series Program Purposes Small Business Innovation Research (SBIR) Use small businesses to meet Fed R&D Stimulate tech innovation Tech innovation by WOSB, economically & socially disadvantaged businesses Private sector commercialization Small Business Technology Transfer (STTR) + Facilitate R&D cooperation with US research institutions

2016 US Federal Government Contracting Webinar Series Three Phases Phase I Scientific, Technical Merit & Feasibility Phase II Full development work Phase III Commercial application

Phase I & Phase II Eligibility 2016 US Federal Government Contracting Webinar Series Phase I & Phase II Eligibility Ownership & Control – More than 50% U.S. citizens or permanent residents Other SBC’s - 50%+ U.S. citizens or residents Joint Venture - meet above requirements Venture capital, hedge fund, private equity, or combination (SBIR Only) Size No more than 500 employees including affiliates

SBIR & STTR Affiliation Rules 2016 US Federal Government Contracting Webinar Series SBIR & STTR Affiliation Rules Ownership Stock Option, convertible securities, agreement to merge Common management Identity of interest Newly organized concern Joint Ventures Ostensible subcontractor rule

2016 US Federal Government Contracting Webinar Series The Good Government tech seed money High risk funding when few alternatives No equity obligation Government’s more restricted rights in government-funded technical data and software

More Restricted Rights In Government Funded Data and Software 2016 US Federal Government Contracting Webinar Series More Restricted Rights In Government Funded Data and Software SBIR/STTR Data Civilian First produced under SBIR/STTR contract Not generally known or available Not already available to government DoD First generated under DoD contract From the time of contract award to five years after SBIR contract completion

More Restricted Rights In Government Funded Data and Software 2016 US Federal Government Contracting Webinar Series More Restricted Rights In Government Funded Data and Software Protection Period Civilian – four years after delivery DoD – five years after contract completion

More Restricted Rights In Government Funded Data and Software 2016 US Federal Government Contracting Webinar Series More Restricted Rights In Government Funded Data and Software Government’s Typical Rights – Unlimited SBIR/STTR Rights Civilian – Government purpose only; no disclosures, except support contractors DoD – Similar restrictions: Limited rights to technical data Restricted rights in software After Protection Period – typical rights

2016 US Federal Government Contracting Webinar Series More Benefits Government’s restricted rights protects developing technology from disclosure to competitors Government’s restricted rights applies to all Phases Size standards and affiliation do not apply to Phase III No $ limit to Phase III award

2016 US Federal Government Contracting Webinar Series The Bad Government acquires royalty-free irrevocable license rights Program framework - policy directives Reauthorization

2016 US Federal Government Contracting Webinar Series The How Lock-tight teaming agreements, subcontracting agreements Scour SBIR & agency websites – e.g. www.sbir.gov/sbirsearch/solicitation/current www.acq.osd.mil/osbp/sbir/sb/index.shtml www.sbir.defensebusiness.org Communicate with topic authors before bids are submitted Scrutinize evaluation criteria, address them in proposal

SBA’s Proposed Changes 2016 US Federal Government Contracting Webinar Series SBA’s Proposed Changes Streamline to one policy directive Allow multiple STTR research institutions 12-year protection period Clarify small business’ data rights, conform DoD and civilian contract rules Clarify Phase III preference for Phase I and II awardees – sole source Clarify protection of prototypes against disclosures to competitors

2016 US Federal Government Contracting Webinar Series CONCLUSIONS

Unique Technology Development Funding 2016 US Federal Government Contracting Webinar Series CONCLUSIONS Unique Technology Development Funding Government funded tech development without equity dilution Enhanced protection against public disclosures Emphasis on future commercialization

2016 US Federal Government Contracting Webinar Series Q & A

------------------------------ CONTACT DETAILS Ms. Jennifer L. Schaus Washington DC + 1 - 2 0 2 – 3 6 5 – 0 5 9 8 jschaus@jenniferschaus.com www.JenniferSchaus.com ------------------------------ Mr. Mark A. Amadeo Washington, DC (202) 640-2090 mamadeo@amadeolaw.com www.amadeolaw.com

(All Webinars are at 12pm EST & Recorded) 2016 US Federal Government Contracting Webinar Series CALENDAR OF EVENTS: (All Webinars are at 12pm EST & Recorded) JUNE 1 - Maximizing The Value of Your GovCon Business  https://attendee.gotowebinar.com/register/74156936435694851 JUNE 2 - Capture Planning - To Bid Or Not To Bid  https://attendee.gotowebinar.com/register/7051206926535220483  JUNE 3 - Teaming Agreements - The Good, The Bad & The Enforceable  https://attendee.gotowebinar.com/register/7352313683359938307 JUNE 6 - Teaming With Tribally Owned 8(a) Businesses https://attendee.gotowebinar.com/register/4324839202604449539 JUNE 7 - Color Reviews For Successful Proposals  https://attendee.gotowebinar.com/register/3973323136181419267 JUNE 8 - Preparing The FSO for a DSS Audit  https://attendee.gotowebinar.com/register/423786240906737667 JUNE 9 - Life After 8(a) - Best Practices & Case Study  https://attendee.gotowebinar.com/register/6473232146721067779 JUNE 10 - The Politics Of Procurement   https://attendee.gotowebinar.com/register/3924758807094447107  JUNE 13 - Contract Administration - Best Practices  https://attendee.gotowebinar.com/register/2132047978959217667 JUNE 14 - So You Have A Facility Clearance, Now What?  https://attendee.gotowebinar.com/register/9028972158695833091 JUNE 15 - Unsolicited Proposals - Why, What & How. https://attendee.gotowebinar.com/register/4729436391901262849 JUNE 17 - SBIR's - The Good, The Bad & The "How" https://attendee.gotowebinar.com/register/6337198369128857857